Deck 2: Introduction to Legal Research and Analysis

Question 1

If there is no constitutional or statutory law that applies to an issue in a client's case,the next step is to look to secondary authority.

Answer 1

False

Question 2

Step 4 of the analytical process includes the identification of additional facts or other information that may be necessary as a result of questions raised in the analysis of the problem.

Answer 2

True

Question 3

The analysis/application step of the IRAC process cannot take place without the key facts.

Answer 3

True

Question 4

Focus,as discussed in this chapter,applies to the first three steps of the IRAC process.

Question 5

The identification of the rule of law is probably the most important step in the analytical process.

Question 6

The law that governs the issue(s)in a client's case may be either enacted law or case law.

Question 7

Step 3 of the analytical process requires the identification of the elements of the law governing the issue.

Question 8

Rule 1.4 of the American Bar Association's Model Rules of Professional Conduct provides that a client must be represented competently.

Question 9

When researching the law in a case that involves several issues,it is most efficient to research the law for all the issues at the same time.

Question 10

One of the objects of legal analysis is to determine how the law applies to the facts of the client's case.

Question 11

A properly stated issue requires the inclusion of the key facts and background facts.

Question 12

Identification of the law governing the dispute is the first step of the analytical process.

Question 13

The acronym used to refer to the analytical process is IRAc.

Question 14

Step 2 of the analytical process is usually composed of two parts.

Question 15

One of the objects of legal analysis is to identify the issue raised by the facts of the client's case.

Question 16

The commonly used approach to legal analysis involves three steps.

Question 17

When researching primary authority,the first step is to look for the case that is factually similar to the client's case.

Question 18

Counteranalysis is part of Step 3 of the analytical process.

Question 19

The conclusion step of the analytical process presents the application of the law to the facts of the client's case.

Question 20

Before the analysis process can begin,it may be necessary to conduct preliminary research in the area of law involved in the case.

Question 21

The object of legal analysis and legal research is to determine:

A)The legal issue(s)raised by the facts
B)What law governs the legal issue(s)
C)How the law applies to the facts
D)What legal remedy is available
E)All of the above
F)Answers a,b,and c above

Question 22

Before legal analysis can begin,the preliminary preparation that must take place includes:

A)Identification of the issue
B)Gathering of the relevant facts
C)Acquisition of a basic familiarity with the area of law involved in the case
D)Identification of the legal remedy
E)All of the above
F)Answers a and b above
G)Answers b and c above

Question 23

The law that applies to the issue(s)raised in a client's case may be:

A)An ordinance
B)A constitutional provision
C)A statute
D)A regulation
E)All of the above
F)Answers a,b,and d above

Question 24

The preliminary process of gathering the facts includes:

A)Gathering all the relevant facts
B)Organizing the facts
C)Weighing the facts
D)Identifying the key facts
E)All of the above
F)Answers a,b,and c above

Question 25

As discussed in this chapter,the term focus:

A)Means to analyze only the issue(s)assigned
B)Does not apply to Step 3 of the analytical process
C)Means to concentrate on the client's facts and issue(s)being analyzed
D)Does not apply to Step 2 of the analytical process
E)Answers a,b,and c above
F)Answers a and c above

Question 26

Which of the following are parts of Step 3 of the IRAC process?

A)Identification of the component parts of the rule of law
B)Application of the facts of the client's case to the component parts
C)Consideration of the possible counterarguments to the analysis of the issue
D)All of the above
E)Answers a and b above

Question 27

The reason(s)for locating constitutional or statutory law first when researching primary authority is (are)that:

A)The constitutional or statutory provision may answer the question,and reference to other law is not required
B)The court opinion interpreting the law may be included with the constitutional or statutory provision
C)The annotations that follow the constitutional or statutory provision may refer to case law that interprets the law
D)All of the above
E)Answers a and b above
F)Answers a and c above

Question 28

In which of the following situations would you stop researching?

A)If the search produces no results.
B)If the search produces several sources.
C)Both a and b.
D)Neither a or b.

Question 29

If the primary authority answers the question,then

A)stop researching as there is no need to look futher.
B)confirm the research with a secondary source.
C)confirm the results by finding a second primary authority.
D)check for other cases that may analyze the issue differently.

Question 30

When is a secondary authority not needed?

A)If there is a mandatory authority case.
B)If there is a recent decision that is on point.
C)If the primary authority clearly provides the answer to the issue.
D)If there is no primary authority.
E)Answers a and c.
F)Answers a,b,and c.

Question 31

Which of the following additional factors govern when to stop researching?

A)There is a lack of primary authority.
B)There are several secondary authority sources.
C)The claim is small.
D)The length of time is short and the amount of money is small.

Question 32

Step 4 of the analytical process may include:

A)A discussion of how a court may rule on the issue(s)
B)Identification of additional facts that may be necessary
C)Identification of further research that may be necessary
D)Identification of related issues or concerns
E)All of the above
F)Answers a,b,and c above

Question 33

Which of the following are parts of Step 3 of the IRAC process?

A)Identification of the issue
B)Identification of the rule of law that governs the issue
C)Identification of the elements of the rule of law
D)A summary of the law that applies
E)All of the above
F)None of the above

Question 34

The legal research component of the legal analysis process is composed of the following parts:

A)Becoming familiar with the general area of law
B)Locating the law that governs the question
C)Determining how the law applies to the facts
D)Locating the law that interprets how the general law applies
E)All of the above
F)Answers b,c,and d above
G)Answers b and d above

Question 35

Intellectual honesty includes

A)an assumption of the law.
B)researching and analyzing a problem objectively.
C)preconceived notions and personal views.
D)analyzing and applying the rule of law.